Search for: "Matter of the State of Delaware"
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21 Feb 2008, 2:17 am
This is likely due to the long standing trend that public companies be formed in DE, coupled with a sense of security given DE's pro corporate body of law.No matter where you incorporate though, you have to bear in mind that you will have to comply with the local states in which you do business (tax, tort, contract, etc.) [read post]
21 Dec 2018, 6:43 am
The recent Delaware Chancery Court case of Blue Apron et al has voided such provisions; States can restrict the venue for claims relating to internal corporate matters to the courts of that State, but cannot restrict venue for claims based on violation of Federal Law, as such a violation does not relate to a State-controlled issue, specifically the internal governance of a Delaware entity, but rather to the violation of external laws… [read post]
27 Mar 2014, 10:50 am
Although this argument is often dismissed out of hand, it does matter. [read post]
3 Mar 2011, 4:48 pm
Companies that are incorporated in Delaware but do no business in this state are sometimes sued in the Delaware courts simply because they are incorporated here. [read post]
9 Jul 2015, 6:08 am
The recent amendments provide that, in connection with the foregoing matters, the default class or group voting requirements under the LLC Act and the LP Act, as in effect on July 31, 2015, will continue to apply to a Delaware LLC or Delaware LP whose original certificate of formation or certificate of limited partnership was filed with the Delaware Secretary of State and is effective on or before July 31, 2015, unless otherwise provided in a limited… [read post]
24 Jul 2009, 11:18 am
(Admittedly it's a clumsy phrase no matter how you view it.) [read post]
28 Sep 2017, 8:19 am
A bar discipline matter brought in Delaware drew a public reprimand from the state Supreme Court. [read post]
4 Apr 2018, 12:02 pm
” In contrast, corporations and LLCs have two home states where they are subject to general subject matter jurisdiction and in which both states have personal jurisdiction over that company. [read post]
8 Feb 2019, 8:57 am
” In contrast, corporations and LLCs have two home states where they are subject to general subject matter jurisdiction and in which both states have personal jurisdiction over that company. [read post]
27 Jul 2018, 1:32 pm
” In contrast, corporations and LLCs have two home states where they are subject to general subject matter jurisdiction and in which both states have personal jurisdiction over that company. [read post]
17 Dec 2009, 9:46 am
Delaware Online reports, "Delaware courts: State's execution protocols dissected," by Adam Taylor. [read post]
1 Apr 2008, 5:15 am
First, other states might defer reflexively to Delaware, as they often do on corporate-law matters, or, lacking the stomach for ongoing interjurisdictional battles, might simply back down. [read post]
29 Nov 2018, 8:21 am
The Delaware Court of Chancery is unique to the state, and has limited jurisdiction to hear all matters relating to equity, including dealing largely with corporate issues, as well as questions of title to real estate, among others. [read post]
16 May 2022, 12:27 pm
For a Delaware startup founder, director, manager, officer, principal, or management team, the Delaware Franchise Tax is the tax levied by the state for the privilege of conducting business within or under the laws of the State of Delaware. [read post]
26 Dec 2023, 11:33 am
The remaining issue is the transfer of the trusts’ situs to Delaware to avoid New York State fiduciary income tax. [read post]
26 Nov 2010, 5:00 am
We will pick that matter up in the next post. [read post]
31 Jan 2011, 5:00 am
It is, instead, mostly a plea to leave the matter to the states, particularly Delaware, which is described as "the preeminent jurisdiction to which other states look both in drafting their statutes and in formulating their common law. [read post]
22 Feb 2017, 3:30 am
State actors, often through judicial decree or legislative action, created these courts to respond, in part, to general problems related to litigating in state courts: lack of judicial expertise on business and commercial matters, lengthy proceedings, unpredictability, and so on. [read post]
29 Mar 2020, 4:13 pm
She also noted the concern that Delaware’s endorsement of forum selection bylaws might be viewed by sister states as “an out-of-our-lane power grab,” but she said there is a strong argument that as a facial matter at least, it does not violate principles of “horizontal sovereignty” among states. [read post]
26 May 2016, 3:47 pm
This week, the Delaware Supreme Court addressed the issue again, considering a matter it accepted upon certification by the U.S. [read post]
